Looking back to 2014 on this blog at the 3 most popular stories for each month

Looking back to 2014 on this blog at the 3 most popular stories for each month

Looking back to 2014 on this blog at the 3 most popular stories for each month

                                              

Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess
Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess

The lists below are of the top three most viewed stories in each month in 2014. To be selected each story also had to be published in that particular month.

January 2014
1 Why did Martin Morton call for three councillors to resign?
2 Birkenhead Market Limited Accounts: Is This The Reason Behind Neptune’s Masterplan?
3 The letter Wirral Council wrote gagging Councillor Gilchrist

The year started with a look at why Martin Morton had called on Cllr Pat Williams, Cllr Moira McLaughlin and Cllr Denise Roberts to resign. I also published the accounts for Birkenhead Market Limited (who lease Birkenhead Market from Wirral Council) and a letter gagging Councillor Gilchrist.

February 2014
1 Exclusive: Incredible £88,174 loss made by Merseytravel on sale of Liverpool pub
2 Incredible: Lyndale School call in causes second constitutional crisis for Wirral Council!
3 District Judge Woodburn grants Wirral Council possession order: pony club given a year to leave Fernbank Farm

After the Merseytram matter hit the buffers, Merseytravel was left with property that it didn’t want or need. The first story is about what happened when they tried to sell it off. The second story is the first about Lyndale School and how when the first Cabinet decision got called in, the call in committee had to ask Council to add extra people to it who’d been left off in a “constitutional oversight”. The third story was about the court battle between Wirral Council and Upton Park Pony Association. Upton Park Pony Association were given a year to leave Fernbank Farm (which is owned by Wirral Council).

March 2014
1 Will you comment on the government’s new public meeting filming law before consultation ends on the 12th March?
2 Wirral Council show how “open and transparent” they really are
3 Mark Latham of Wirral Street Pastors tells Wirral’s councillors graphic stories about Birkenhead’s boozy night life

Mark Latham from Wirral Street Pastors told councillors on Wirral Council's Licensing Act 2003 Committee about his experiences of Birkenhead's night life and alcohol (19th March 2014)
Mark Latham from Wirral Street Pastors told councillors on Wirral Council’s Licensing Act 2003 Committee about his experiences of Birkenhead’s night life and alcohol (19th March 2014)

It may seem strange now, but in March the government were consulting on changes to the filming public meetings law. Some changes were made to the draft regulations and a right to live commentary during meetings was removed. Some new criminal offences were also added to the same legislation (but not to the section about filming). The “open and transparent” story was about the Chief Executive, in a 4 page letter, upholding an earlier decision at internal review to refuse a Freedom of Information Act request for the minutes of the Standards Working Group of the 17th December 2013. The last story was about the Wirral Street Pastors organisation and what Mark Latham had to say at a public meeting about Birkenhead’s night life.

April 2014
1 Who are the 113 candidates in the 2014 Wirral Council elections?
2 Liverpool City Region Combined Authority choose Cllr Phil Davies as Chair
3 How much evidence does there have to be of wrongdoing at Wirral Council before an apology is given?

113 candidates stood in the Wirral Council elections and only 23 of these were later elected. However if you’re interested who they were then there’s a list of names. The Liverpool City Region Combined Authority met for the first time on April 1st and chose Cllr Phil Davies as Chair. The third story is my rebuttal of a (mainly) false complaint made about me by a Lib Dem.

May 2014
1 Election results for North West Region (European Parliamentary Election 2014)
2 Election results for Wallasey (Conservative hold), West Kirby and Thurstaston (Conservative hold) and Upton (Labour hold)
3 Election results for Leasowe and Moreton East (Labour Gain), Hoylake and Meols (Conservative hold) and New Brighton (Labour hold)

May had two elections in it. The first was where one councillor to Wirral Council was elected for each ward (except one that elected two due to a recent resignation in Greasby, Frankby and Irby). The second election was for 8 Members of the European Parliament for the North West region. The Lib Dems lost their only MEP in the region Chris Davies and ended up with no Members of the European Parliament in North-West England. Brian Kenny (Labour) lost his council seat in Birkenhead and Tranmere to Pat Cleary (Green Party). Ian Lewis (Conservative) lost his council seat to Treena Johnson (Labour) in Leasowe and Moreton East. Labour also gained in Pensby and Thingwall (the seat was held by an independent formerly a Lib Dem who wasn’t standing).

So the net result was that Labour increased its number of councillors from 37 to 38 (a majority of seats on Wirral Council is one party having 34 or more councillors). The Conservatives decreased their number of councillors from 22 to 21. The Lib Dems stayed on six and the Greens increased from no councillors to one.

June 2014
1 Wirral Council: It’s time for some answers over Fernbank Farm and filming!
2 Horses or 100 houses at Fernbank Farm? Liverpool City Region Combined Authority agrees to list it for housing
3 If Lyndale School closed: what might happen next?

In June I started publishing some of the court papers to do with the Fernbank Farm case including Wirral Council’s particulars of claim. During filming a public meeting of the Licensing Act 2003 Committee Cllr Steve Niblock insisted on me stopping so I moaned to Surjit Tour about it. The last story was warning about the effects on the health of the children at Lyndale School if the Lyndale School were to be closed.

July 2014
1 Wirral Council takes 5 minutes to U-turn on libel threat over Graham Burgess golf email to councillors
2 Graham Burgess invites Wirral Council councillors to 5 days of the Open Golf Championship
3 Councillor Walter Smith “I must say I enjoyed lavish hospitality”

Wirral Host of the Open Championship 2014

July was all about golf because of the Open Golf Championship. First the email of Graham Burgess was claimed to be “fraudulent” by Surjit Tour (who referred to it as the “Open Gold Championship”). Then five minutes later Surjit Tour tried to recall the email. Then BBC Radio Merseyside had a caller asking about the story. Wirral Council’s press office then managed to tell BBC Radio Merseyside two contradictory versions of events over a short period of time. However don’t worry Cllr Walter Smith came on the radio and told everybody how in his day job as a tailor he had enjoyed “lavish hospitality” at the golf!

August 2014
1 Lyndale School Consultation branded “white-wash” & 1 officer is singled out for criticism for lack of impartiality
2 UPDATED: EXCLUSIVE: 90 Incredible Lyndale School Closure Consultation responses
3 Why did Wirral Council spend an incredible £1,872 on a London barrister to prevent openness and transparency?

Treasury Building (Wirral Council), Hamilton Square, Birkenhead, 19th August 2014 (you can click on the photo for a more high-resolution version)
Treasury Building (Wirral Council), Hamilton Square, Birkenhead, 19th August 2014 (you can click on the photo for a more high-resolution version)

Phil Ward came in for criticism for the way he’d chaired the Lyndale School consultation meetings. As part of the 2013/14 audit I made public the £1,872 Wirral Council had spent on Robin Hopkins of 11KBW to make sure that they didn’t have to give out information to a Freedom of Information Act requester in response to ICO decision notice FS50474741.

September 2014
1 Expense claim forms for Councillor Tony Smith 2013 to 2014 reveal mysterious Lyndale School meeting in February 2013
2 The 25 ways in which the Wirral Council Cabinet decision about Lyndale School is flawed
3 A letter to Wirral Council about the 29 ways they allegedly got the Lyndale School decision wrong

Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney and Lyndzay Roberts
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts

The mileage claim forms for councillors threw up some interesting visits, including one by Cllr Tony Smith to Lyndale School back in February 2013. Once again the Cabinet decided to go ahead to the next stage of consultation on closure of Lyndale School, Surjit Tour got sent another of my letters pointing out the flaws in the decision-making process. The decision was called in.

October 2014
1 Marvin the Martian returns to try to understand the incredible Lyndale School situation and the £1 million SEN budget cut
2 Whistleblowers assembled in Committee Room 1 to hear apologies from Wirral Council over a toxic whistleblowing saga involving secrecy, national, local and regional government, internal and external audit, the private sector, ££££s, senior managers, contracts and Wirral Council
3 Graham Burgess (Chief Executive) announces he will retire from Wirral Council on 31st December 2014

Marvin the Martian from Disney's Looney Tunes
Marvin the Martian from Disney’s Looney Tunes

Marvin the Martian returned to discuss Lyndale and cuts to the SEN budget. The special Audit and Risk Management Committee meeting (twice adjourned from July 2014) finally met on 8th October 2014 to discuss the BIG/ISUS issues and hear from Nigel Hobro. Graham Burgess also gave in his three-month notice and announced his retirement from 31st December 2014.

November 2014
1 Merseytravel’s Head of Internal Audit brands some whistleblowing as “Mickey Mouse” & “complete nonsense”
2 Trade unions march on Wirral Council, only to hear how wonderful the 2014 Open Golf championship was
3 Dan Stephens answers questions at 4th public consultation meeting on Greasby, Upton & West Kirby fire station plans

Dan Stephens Chief Fire Officer, Merseyside Fire and Rescue Service at Greasby Methodist Church Hall, Greasby Road, Greasby on 10th November 2014 for consultation meeting on closure of Upton and West Kirby fire stations and merger at Greasby
Dan Stephens Chief Fire Officer, Merseyside Fire and Rescue Service at Greasby Methodist Church Hall, Greasby Road, Greasby on 10th November 2014 for consultation meeting on closure of Upton and West Kirby fire stations and merger at Greasby

A Merseytravel public meeting to discuss whistleblowing led to an interesting turn of phrase. The trade unions marched on Wallasey Town Hall, to have to first sit through a Cabinet meeting discussing how wonderful the Open Golf Championship had been. A consultation on a possible new fire station in Greasby village led to a packed public meeting in Greasby, with Dan Stephens (Chief Fire Officer) doing his best to answer questions from the public about Wirral Council’s involvement.

December 2014
1 8 Labour councillors on Wirral Council vote to close Lyndale School from 31st August 2016
2 Wirral Schools Forum member expresses concern at proposed £600,000 cut for children with special educational needs
3 7 Wirral Council councillors, 1 appointment to be longlisted & an HR consultant from Penna PLC; what could possibly go wrong?

December’s stories start with the sad news that just before Christmas the Cabinet decided to close Lyndale School (from 31st August 2016). A member of the Wirral Schools Forum expressed concern at the scale of cuts to special educational needs and Wirral Council councillors decided on a long list for a Head of Specialist Services (the outgoing Head of Specialist Services leaves on 31st December 2014).

Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess
Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess

So that’s it for the 2014 round-up! See you in 2015!

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Marvin the Martian returns to discuss 2 local political issues: the Greasby Fire Station saga and the King Street buildings collapse

Marvin the Martian returns to discuss 2 local political issues: the Greasby Fire Station saga and the King Street buildings collapse

Marvin the Martian returns to discuss 2 local political issues: the Greasby Fire Station saga and the King Street buildings collapse

                                                  

Marvin the Martian from Disney's Looney Tunes
Marvin the Martian from Disney’s Looney Tunes

The below is a fictional interview with Marvin the Martian about two issues Greasby Fire Station and the King Street building collapse. Marvin the Martian is trademarked to Warner Brothers Entertainment. Our legal team point out their trademark doesn’t actually cover its use on blogs but in case they try to argue this blog is an “entertainment service”, it isn’t, so no laughing! Yes I mean it, not even a smile! We also point out it’s not an infringing use of class 9 of this trademark as that refers to its use on goods rather than virtually.

We rely on s.30 of the Copyright, Designs and Patents Act 1988 and class this as “fair dealing” due to the acknowledgement above. As the The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 have come into force earlier this year, we’ll rely on this too and the new section 30A on parody.

JOHN BRACE: Thanks once again for agreeing to be interviewed about Greasby & the proposed fire station as well as the King Street building collapse. We couldn’t get straight answers on these issues out of anyone else.

MARVIN THE MARTIAN: You’re welcome. I live on Mars, but having read your press reports on this I’m confused. Perhaps you could help just briefly explain to your readers what’s happened so far in Greasby?

JOHN BRACE: Well Merseyside Fire and Rescue Authority decided to consult on closing two fire stations at West Kirby and Upton and building a new one, their preferred site was Greasby.

MARVIN THE MARTIAN: OK, I’ve got that bit. So who owned the Greasby site?

JOHN BRACE: Wirral Council own it.

MARVIN THE MARTIAN: So it’s just a cleared site, with nothing on it and has been declared surplus to requirements?

JOHN BRACE: No, it’s got a library and community centre on it already as well as some green space.

MARVIN THE MARTIAN: And there are four Wirral Council councillors on the Merseyside Fire and Rescue Authority?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: And the Merseyside Fire and Rescue Service stated Wirral Council offered them a lease of the site (subject to planning permission/outcome of their consultation)?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: But Wirral Council stated that they didn’t offer the Merseyside Fire and Rescue Service (or Merseyside Fire and Rescue Authority) the site to build a fire station on (subject to planning permission and the outcome of the consultation)?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Ahh so Greasby fire station is like Schrödinger’s cat, it was both offered and not offered to the Merseyside Fire and Rescue Service/Merseyside Fire and Rescue Authority at the same time?

JOHN BRACE: According to MFRS/MFRA & Wirral Council yes.

MARVIN THE MARTIAN: So did someone actually open the box and see if the “cat” was dead or alive?

JOHN BRACE: Some councillors tried to at last night’s Council meeting. The box was opened and it was (from last night’s meeting) a policy decision was formally made not to offer the Greasby site to Merseyside Fire and Rescue Service/Merseyside Fire and Rescue Authority.

MARVIN THE MARTIAN: So before that was the Greasby fire station dead or alive?

JOHN BRACE: Like the mysteries of quantum physics the answer to that depends on who you ask and when.

MARVIN THE MARTIAN: Ahhh, it makes no sense at all!

JOHN BRACE: This is Wirral Council. It’s not meant to make sense.

MARVIN THE MARTIAN: So let’s move on to something the Merseyside Fire and Rescue Service were involved in, the aftermath of the buildings collapsing in King Street one evening. Who were then owned by?

JOHN BRACE: Wirral Council.

MARVIN THE MARTIAN: OK, so why did they fall down?

JOHN BRACE: The “official” version is after they checked the rubble, is that there had been a bodged repair before Wirral Council bought them.

MARVIN THE MARTIAN: So did Wirral Council have a survey done before they bought these properties?

JOHN BRACE: Who knows?

MARVIN THE MARTIAN: So did Wirral Council have a survey done after they bought them?

JOHN BRACE: Well once they collapsed and the rubble was surveyed yes.

MARVIN THE MARTIAN: No, I mean after they bought them but before they collapsed!?

JOHN BRACE: Oh again, who knows? Although the collapse is being spun as a positive.

MARVIN THE MARTIAN: Why?

JOHN BRACE: Well as the buildings were in such a bad state of repair, they’d probably have had to be pulled down or expensively repaired. As they collapsed on their own it saves Wirral Council on some of the costs of demolition or repairs!

MARVIN THE MARTIAN: Your Wirral Council politicians are just as keen to put a positive gloss on disasters as our Martian ones are!!!

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Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

                                                  

Marvin the Martian from Disney's Looney Tunes
Marvin the Martian from Disney’s Looney Tunes

The below is a fictional interview with Marvin the Martian about Lyndale School. Marvin the Martian is trademarked to Warner Brothers Entertainment. Our legal team point out their trademark doesn’t actually cover its use on blogs but in case they try to argue this blog is an “entertainment service”, it isn’t, so no laughing! Yes I mean it, not even a smile! We also point out it’s not an infringing use of class 9 of this trademark as that refers to its use on goods rather than virtually.

We rely on s.30 of the Copyright, Designs and Patents Act 1988 and class this as “fair dealing” due to the acknowledgement above. As the The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 came into force earlier this month, we’ll rely on this too and the new section 30A on parody.

If you are reading this from the UKIP party and are planning to leave a comment questioning the immigration status of Marvin the Martian or disagreeing that he should have any say whatsoever about British politics, we humbly point out that although is not British, he is a fictional character and figments to people’s imagination do not have to have permission to come here.

MARVIN THE MARTIAN: The Martian High Command have asked me to survey the Wirral to try to understand its people and politics and write a report back but I find it all very confusing.

JOHN BRACE: Good luck with that! Even I don’t fully understand the Wirral people and its politics.

MARVIN THE MARTIAN: Well we have a few areas we are unsure of. Let’s start with Greasby.

JOHN BRACE: Yes, Greasby, I know where that is.

MARVIN THE MARTIAN: Well, we are very confused. We hear reports on your media of a consultation meeting in Greasby about fire stations, but people turned up but weren’t allowed to go to it? What sort of consultation on closure is that?

JOHN BRACE: I wasn’t there, I was covering a public meeting of Wirral Council at the time. Had I turned up I wouldn’t have been allowed in either as the place has to be able to be safely evacuated in case of a fire so has a set capacity. There is however a little irony there as it’s the Merseyside Fire and Rescue Service who are doing the consultation. However the Merseyside Fire and Rescue Service have informed the Merseyside Fire and Rescue Authority before that not many people at all turn up to their other fire station closure consultation meetings. So maybe they’re not used to large numbers of people turning up to public meetings?

MARVIN THE MARTIAN: Well don’t Wirral Council own the land in Greasby that has the library, the Children’s Centre and other well-loved buildings on? Haven’t they offered (subject to the outcome of the consultation, a further decision and planning permission) a lease?

JOHN BRACE: Yes it does and that’s the Chief Fire Officer’s currently preferred site for the new fire station if Upton & West Kirby close. Yes, they have offered them a lease (subject to the outcome of the consultation, a further decision and planning permission).

MARVIN THE MARTIAN: So why do the people of Greasby have a problem with their library closing?

JOHN BRACE: It’s historical, see your historical files on Earth. The Labour government minister at the time requested a public inquiry into library closures in 2009 so Labour councillors and the Lib Dems councillors were forced into a U-turn. Wirral people seem to still remember that and libraries for a number of years after libraries became a sacred cow of Wirral politics. However Cllr Foulkes said in the recent past that libraries shouldn’t be spared from the cuts and scrutiny.

MARVIN THE MARTIAN: And what else is happening on libraries and children centres?

JOHN BRACE: Well on libraries there’s a proposal to reduce opening hours at certain libraries. The decision to consult on the closure of children’s centres has been “called in”, the committee met to consider the “call in” then got adjourned. The committee is planning to meet again on the 12th November 2014 at 6.00pm. However its Labour Chair Cllr Moira McLaughlin was cheered up by some news.

MARVIN THE MARTIAN: What news would that be, a U-turn on closing the children’s centres?

JOHN BRACE: No, the news that Cllr Chris Blakeley (Conservative spokesperson) has left the call in committee and been replaced by a different Conservative councillor.

MARVIN THE MARTIAN: Why would she be pleased?

JOHN BRACE: They have a history of, well how do I put it as diplomatically as possible without taking sides, arguing passionately with each other in public?

MARVIN THE MARTIAN: So let me get this straight, they had a public inquiry into Wirral’s library closures which had been driven through by the then Leader of the Council Cllr Steve Foulkes at the Floral Pavilion chaired by Sue Charteris?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Then a few years later Wirral Council made Cllr Foulkes Mayor in exactly the same room Mayor, also at the Floral Pavilion?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Wow. This Cllr Foulkes guy sounds interesting. However back to Greasby. Which political party has the three local councillors in Greasby, Frankby and Irby?

JOHN BRACE: The Conservatives.

MARVIN THE MARTIAN: And the MP in Wirral West?

JOHN BRACE: The Conservatives.

MARVIN THE MARTIAN: And political control of the Merseyside Fire and Rescue Authority is in which party’s hands?

JOHN BRACE: Labour.

MARVIN THE MARTIAN: Ha, ha, ha. So Labour want to close a few fire stations in Wirral West to cause trouble?

JOHN BRACE: Labour will say they blame the Conservative/Lib Dem government or alternatively they’ll let the unions say roughly the same thing. However the unions have already gone on strike.

MARVIN THE MARTIAN: I thought politicians weren’t allowed to be “party political”, however isn’t Esther McVey some type of government minister too?

JOHN BRACE: Yes. She’s currently the Minister for Employment so you can imagine how the public sector unions such as the Fire Brigades Union and other unions feel about that.

MARVIN THE MARTIAN: Isn’t she facing a General Election in about six months time in what is a marginal seat?

JOHN BRACE: Yes, the unions/Labour Party are already trying their best to replace her with the Labour candidate. See fracking and other issues.

MARVIN THE MARTIAN: That’s enough about Greasby, libraries, children’s centres and Esther McVey though, what’s happening in Birkenhead?

JOHN BRACE: The Rt Hon Frank Field MP is telling people that antisocial behaviour is a bad idea.

MARVIN THE MARTIAN: Really, is he referring to Cllr Phil Davies and his plan (currently out to consultation again) to close Lyndale School?

JOHN BRACE: Don’t be silly! He’s doesn’t mean it like that! He doesn’t mean his own Labour Party! By the language used in press articles he’s referring to young people.

MARVIN THE MARTIAN: Ahh so the Rt Hon Frank Field MP isn’t picking on the disabled but he’s picking on young people, why do politicians always scapegoat young people? Isn’t Alison McGovern MP, MP for Wirral South in fact younger than you are?

JOHN BRACE: Now you’re making me feel old! Yes she is. Politicians scapegoat young people to play to their base. Politicians of all parties do it. Political parties have a history of having major political disagreements with their own party’s youth wing. See Lib Dems and tuition fees as a recent example of that. However the youth wing of political parties also represents the future of that party, so annoying them can be very short-term thinking.

MARVIN THE MARTIAN: And Alison McGovern is the MP where Lyndale School is?

JOHN BRACE: Yes. She’s MP for Wirral South, another marginal seat.

MARVIN THE MARTIAN: And as a Labour MP, if the Labour Cabinet decide to close Lyndale School before the election in May 2015 does that harm her chances of reelection next May?

JOHN BRACE: It would make it look (to some voters) if that happened like she had little influence over her own political party’s decision-making process (which isn’t entirely true but that would probably be how it would be spun in the press by her opponents).

MARVIN THE MARTIAN: Ahh, but I thought officially the Labour Cabinet on Wirral Council had an “open mind” on the subject of closing Lyndale School?

JOHN BRACE: Please don’t get me started on that topic. There is a second consultation on it now, but I doubt Wirral Council would accept consultation responses from fictional characters.

MARVIN THE MARTIAN: So to sum up, there’s an election coming where everyone that can vote will get two votes, one for councillor, one for MP?

JOHN BRACE: Yes, “vote early and vote often (but no more than twice)” I could write if I was being slightly flippant!

MARVIN THE MARTIAN: And in the lead up to elections you get election promises, vote for me and I’ll do this (or my party will do this)?

JOHN BRACE: Yes, even promises they know they can’t possibly keep after the election.

MARVIN THE MARTIAN: Are you implying party political candidates would deliberately lie about themselves and their own political party?

JOHN BRACE: I’d probably get sued or face an injunction if I answered that honestly! However you can’t libel a political party or a local council. Elections at their heart are a popularity contest and a battle for hearts and minds, so political parties will tell people what they think they want to hear.

MARVIN THE MARTIAN: Oh dear. So after the election a lot of people will be disappointed?

JOHN BRACE: They always are, before, during and after. Some of them have even given up on voting or being engaged in the political process.

MARVIN THE MARTIAN: That’s sad really. Well I’ll put all this in my report to the Martian High Command. Thanks for the interview!

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Marvin the Martian returns to try to understand the incredible Lyndale School situation and the £1 million SEN budget cut

Marvin the Martian returns to try to understand the incredible Lyndale School situation and the £1 million SEN budget cut

Marvin the Martian returns to try to understand the incredible Lyndale School situation and the £1 million SEN budget cut

                                                  

Marvin the Martian from Disney's Looney Tunes
Marvin the Martian from Disney’s Looney Tunes

The below is a fictional interview with Marvin the Martian about Lyndale School. Marvin the Martian is trademarked to Warner Brothers Entertainment. Our legal team point out their trademark doesn’t actually cover its use on blogs but in case they try to argue this blog is an “entertainment service”, it isn’t, so no laughing! Yes I mean it, not even a smile! We also point out it’s not an infringing use of class 9 of this trademark as that refers to its use on goods rather than virtually.

We rely on s.30 of the Copyright, Designs and Patents Act 1988 and class this as “fair dealing” due to the acknowledgement above. As the The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 have come into force earlier this month, we’ll rely on this too and the new section 30A on parody.

JOHN BRACE: Thanks once again for agreeing to be interviewed about Lyndale School. We asked Wirral Council for a meeting about Lyndale School but they declined.

MARVIN THE MARTIAN: You’re welcome. Well that is a shame I was looking forward to finally meeting people from Wirral Council that I have seen on your video broadcasts. Why do your politicians think they can get away with making decisions like this?

JOHN BRACE: They believe they’re doing the right thing in making “difficult decisions” that are “unpopular”. Also many are what’s in “safe seats”, and many of them (if they choose to do so) will not have to face the public in an election for many years to come.

MARVIN THE MARTIAN: But they’re still subject to laws right, that meeting last Thursday the people making the decision didn’t have the required statutory guidance for decision makers which includes the SEN Improvement Test as part of the papers for that meeting?

JOHN BRACE: Well the politicians could have adjourned the meeting and received the correct documents but they chose not to. However you can’t expect politicians to know what they’re doing. They’re elected to look at things from the public perspective and rely on officer advice in such matters. Anyway preparing the papers for a meeting is an officer function in consultation with the Chair.

MARVIN THE MARTIAN: You can’t blame this on the committee services officer Lyndzay Roberts though as she only includes in the papers for the meeting what she’s been given in time for it to be published and on that subject why do they keep picking the committee services officer who is a wheelchair user for the Lyndale School meetings?

JOHN BRACE: I’m afraid I can’t read people’s minds and would prefer not to answer that question.

MARVIN THE MARTIAN: Ahh the “Lynn Wright” defence eh? How much do you get paid then?

JOHN BRACE: Not enough to be answering questions from fictional characters about difficult subjects and I’m assuming your second question is a joke! I know what I got paid last year, so does HMRC. I can estimate what I will get paid this year but as I’m on a fixed amount plus an element that is related to performance, I literally could only tell you it’s above £x,xxx/year. I’m also not sure if you mean gross or net salary as a certain proportion of my earnings I don’t get as they are paid in taxes. I have income from sources other than my salary though.

MARVIN THE MARTIAN: Ha ha! OK, I won’t pry too much! Back to Lyndale, what was decided on Thursday?

JOHN BRACE: To uphold the Cabinet decision of 4th September 2014 on a majority 9:6 vote.

MARVIN THE MARTIAN: And remind me what the Cabinet decision of 4th September 2014 was?

JOHN BRACE: Following the first consultation, to have a further second (but different) consultation on closure.

MARVIN THE MARTIAN: I thought they’d just had a consultation!

JOHN BRACE: This is a similar but different sort of consultation.

MARVIN THE MARTIAN: OK, I never realised closing down a school was made so complicated!

JOHN BRACE: A final decision on closure has not yet been made. This is just an “in principle” decision on closure.

MARVIN THE MARTIAN: And how much is this all costing?

JOHN BRACE: Who knows? The school closure/retirement costs budget for this year is £326,000. However it looks like £200,000 of that will be moved to another budget heading soon.

MARVIN THE MARTIAN: Which budget heading?

JOHN BRACE: PFI (private finance initiative).

MARVIN THE MARTIAN: Why’s that?

JOHN BRACE: Well you always have to plan for the worst and hope for the best with school closures, extra call in meetings, delays, legal challenges et cetera. Sometimes that means budget allocated goes unspent which can be used for other things.

MARVIN THE MARTIAN: So they’re not going to use a £200,000 underspend on the school closure budget to keep Lyndale open another year (costing ~£190,000)?

JOHN BRACE: No, pending a decision by the Wirral Schools Forum an underspend on the school closure budget will be spent instead next year on the ~£12 million a year PFI contract.

MARVIN THE MARTIAN: OK, so when does this second consultation on closing Lyndale School start?

JOHN BRACE: Wirral Council officers had authorisation to proceed with implementation of the Cabinet decision of 4th September 2014, once the call in ended on 2nd October 2014. This has been delegated by the Cabinet to Julia Hassall to implement.

Regulation 8 of the Openness of Local Government Bodies Regulations 2014 will require Wirral Council to publish a notice on their website shortly after Julia Hassall implements this decision. This public notice has to contain the date of the decision, a record of the decision and reasons, details of any alternative options considered and rejected and the names of any of the Cabinet that declared a conflict of interest in the decision.

MARVIN THE MARTIAN: Well how likely are Wirral Council to do that?

JOHN BRACE: They probably won’t. They always have great difficulty in complying with their legal requirements (of which there are many).There have been many decisions delegated by councillors to officers taken since these new regulations came into effect near the start of August 2014 ranging from taxi licences to other types of decision. Another part of the same regulations dealt with filming of public meetings, which thankfully settles a long running industrial relations dispute with us and them. As far as I can tell no public notice has been published by officers relating to those yet?

MARVIN THE MARTIAN: Why ever not?

JOHN BRACE: Some of the officers to whom the decisions have been delegated to make don’t have the authorisation to publish public notices on the website through the Modgov system. Also this change to legal requirements (which should’ve been implemented from August) would require a change to working practices which requires consultation with the trade unions through the HR department before implementation. Finally, in the vast majority of cases, there are either existing capacity issues with staffing or the decisions are so minor that nobody’s really apart from myself is paying that much attention whether internally or externally while more interesting things are happening and putting the necessary political pressure on to ensure these new regulations are implemented?

MARVIN THE MARTIAN: Like what is more interesting?

JOHN BRACE: Like officers’ plan to persuade the Wirral Schools Forum on Wednesday evening to make £1 million of in year cuts this year in 2014/15 to (SEN Top Ups/Independent School Fees (£600,000), statements (£200,000) and support for SEN (£200,000)).

MARVIN THE MARTIAN: And why are they proposing to cut a further £1 million from the SEN budget this year?

JOHN BRACE: So they can pay for PFI costs in 2015/16.

MARVIN THE MARTIAN: And why have PFI costs risen so much?

JOHN BRACE: Because a political decision was made a long time ago to take ~£2 million out of the PFI budget for 2015/16 and get schools to pay for it instead through budget cuts. Also the calculation in the contract bases yearly increases in how much is paid based on the RPI value in December of one year compared to the previous year then multiplied by ninety percent. That’s my simple explanation, the contract itself refers to the 90% as 0.9 and has a formula as to how the increases are calculated.

MARVIN THE MARTIAN: So if the other special schools (other than Lyndale) think they’re safe they’re not?

JOHN BRACE: Indeed, their budgets were protected this year by dropping by more than 1.5%. Based on the draft regulations circulated by the government (Schools and Early Years Finance (England) Regulations 2014) as part of the current consultation (which closes on October 17th 2014), for special school that protection (assuming the draft regulations aren’t changed) will end in 2015/16. The department for education can be emailed at 2014SchoolFinanceRegulations.Consultation@education.gsi.gov.uk about the policy side of the consultation, or consultation.unit@education.gsi.gov.uk or by telephone on 0370 000 2288 or by mail to Department for Education, Beth O’Brien, Department for Education, Great Smith Street, London SW1P 3BT. Further detail about the consultation is on the DfE website here and you can respond online to this consultation here.

However for mainstream it looks like the minimum funding guarantee of at least 98.5% of last years budget will continue in some form?

MARVIN THE MARTIAN: So because they can (or assume they can) Wirral Council will target more special schools for cuts in the future?

JOHN BRACE: Probably, but officers don’t decide that however they can recommend that. That’s ultimately decided by the Wirral Schools Forum/councillors.

MARVIN THE MARTIAN: So is the money they’re getting for schools each year, the ~£175 million they get from the government under the direct schools grant going down next year?

JOHN BRACE: No it isn’t, but a financial and purely local decision by Wirral Council has been made to withdraw the extra funding from Wirral Council that paid for the PFI affordability gap. This amounts to £600,000 this year and millions next year (2015/16). The PFI affordability gap is the total PFI expenditure minus the fixed grant minus the costs schools pay for the services under the PFI contract which is next year about £2.6 million.

MARVIN THE MARTIAN: So who was the Cabinet Member that originally agreed to this PFI contract in the first place?

JOHN BRACE: Councillor Phil Davies, the current Leader of Wirral Council.

MARVIN THE MARTIAN: Is there any way out of the contract, when does it end and can it be renegotiated?

JOHN BRACE: Yes, 2031 and yes.

MARVIN THE MARTIAN: So will they try to renegotiate to save money or terminate it?

JOHN BRACE: Probably not no, management were asked this at the last Wirral Schools Forum, however management only know what they’re told about the contract, they’re not managing it on a day to day basis. Terminating it would be expensive as there is still 17 years left to run, renegotiating would be the more likely option of the two if the political will is there.

MARVIN THE MARTIAN: So you’re saying the Wirral School Forum members asked Wirral Council officers that hadn’t actually read the contract?

JOHN BRACE: Judging by their answers probably not, managers don’t do things themselves they delegate tasks such as reading contracts and managing contracts to others, maybe not even people that are directly line managed by them but people lower down the food chain.

You can’t expect a senior manager to read such a long contract. Even if they did, it’s hundreds of pages long. It would be very hard to remember all the details unless they brought an electronic searchable version along to the Wirral Schools Forum on say a tablet computer or alternatively circulated an electronic copy to the members of the Wirral Schools Forum. I suppose as a councillor (and member of the Wirral Schools Forum) Cllr Wendy Clements could ask for a copy if she so wished.

MARVIN THE MARTIAN: So what does the PFI contract actually say about renegotiation?

JOHN BRACE: Wirral Council have to ask the provider (Wirral Schools Services Limited) about changes to the contract and be specific. Wirral Schools Services Limited then have a limited time period in which to respond stating (and I summarise here) whether they agree or not to the changes or not. If they agree they are implemented. However if there is disagreement between Wirral Council and the contractor there is a dispute resolution procedure that can be followed.

MARVIN THE MARTIAN: So are there any changes they have to agree to?

JOHN BRACE: Yes certain changes they have to agree to. For example there was a legislation change recently on free school meals for children under a certain age. As this was a legislation change, Wirral Council can ask for such changes to be implemented so that Wirral Council does not breach its legal obligations.

There are other categories of change that the contractor has to agree to too.

MARVIN THE MARTIAN: Indeed, so could Wirral Council’s legal department come up with similar changes which could result in the total cost being lowered?

JOHN BRACE: Wirral Council’s legal department has issues of its own. Also it in order to implement changes quickly it would require agreement of the contractor Wirral Schools Services Limited. Wirral Council would have to seek appropriate authorisation internally from sufficiently senior officers and if it had large budgetary implications in terms of costs or savings then also authorisation from politicians.

MARVIN THE MARTIAN: So it’s possible?

JOHN BRACE: Anything’s possible. However as the contractor is a large organisation with a turnover off the top of my head of about £62 million, although they are considerably smaller in annual yearly revenue budget than Wirral Council, Wirral Council still get scared of organisations with that sort of financial clout, as well as organisational and legal resources at their disposal.

MARVIN THE MARTIAN: Does current senior management at Wirral Council want to renegotiate the contract?

JOHN BRACE: If the Wirral Schools Forum and/or politicians in the administration asked them to they’d have to to look into the option (which would depending on the option and the savings/cost implication would affect budgets through to 2031). After negotiations, generally officers would bring back options to politicians/Wirral Schools Forum for a meeting. However the Schools PFI contract is complex, it is hard for anyone to understand easily.

If neither of those formally happen, senior management already have enough on their plate already and lack the current internal capacity as they are already negotiating a 7 year extension to a contract of a similar size (~£12 million a year) with Biffa Waste Services Limited.

MARVIN THE MARTIAN: But Biffa is in a different strategic directorate to schools!

JOHN BRACE: Indeed but there are capacity issues at the management level and across the organisation at all levels. This is due to annual leave requirements, illness, other factors and the mere practical constraints of there only ever being so many people to keep all the plates spinning up in the air at once.

MARVIN THE MARTIAN: Oh dear. So what is the likely net result to be?

JOHN BRACE: Instead of renegotiating savings on a contract, Wirral Council in the absence of either strong leadership at either the Wirral Schools Forum level or political level will probably accept the status quo and instead make in year cuts of a further £1 million to special educational needs. Officers will probably point out that they have tried to make sure the cuts don’t adversely affect front line services, but they will!

MARVIN THE MARTIAN: How on Mars do you make £2 million of in year cuts without it affecting frontline services?

JOHN BRACE: Indeed… here is a link to the papers for tomorrow’s Wirral Schools Forum meeting which is a public meeting starting at 6.00pm in the Council Chamber in Wallasey Town Hall.

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A Martian tries to understand the incredible Lyndale School situation

A Martian tries to understand the incredible Lyndale School situation

A Martian tries to understand the incredible Lyndale School situation

                                                  

Marvin the Martian from Disney's Looney Tunes
Marvin the Martian from Disney’s Looney Tunes

The below is a fictional interview with Marvin the Martian about Lyndale School. Marvin the Martian is trademarked to Warner Brothers Entertainment. Our legal team point out their trademark doesn’t actually cover its use on blogs but in case they try to argue this blog is an “entertainment service”, it isn’t, so no laughing! Yes I mean it, not even a smile! We also point out it’s not an infringing use of class 9 of this trademark as that refers to its use on goods rather than virtually.

We rely on s.30 of the Copyright, Designs and Patents Act 1988 and class this as “fair dealing” due to the acknowledgement above. When the The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 come into force in October, we’ll probably rely on them too and the new section 30A on parody.

JOHN BRACE: Thanks for agreeing to be interviewed about Lyndale School.

MARVIN THE MARTIAN: You’re welcome. We have watched your news broadcasts about this school and are frankly confused. Back on Mars we would be asking our politicians to resign if they behaved as yours do. Why do your politicians think they can get away with being like this?

JOHN BRACE: Well they don’t operate under Martian law for a start. British law gives them wide latitude to do what they like within reason.

MARVIN THE MARTIAN: Well our politicians always tell us they’re on the side of the people, how come yours aren’t?

JOHN BRACE: Well that’s difficult to say. The yellow, blue and green politicians have said they are. The red ones are being careful not to express an opinion.

MARVIN THE MARTIAN: “Not to express an opinion”! If we had politicians like that it would spark a revolution!

JOHN BRACE: We’re too polite for revolutions here, the most the British tend to do if they’re cross is write a grumpy letter.

MARVIN THE MARTIAN: Does that work?

JOHN BRACE: Sometimes.

MARVIN THE MARTIAN: So getting back to Lyndale, can you explain it simply in terms we can understand?

JOHN BRACE: If someone could they would have. Money is taken off the people in the form of taxes. These taxes are then used for services such as education and schools such as Lyndale.

MARVIN THE MARTIAN: Yes, we have schools for our young Martians too.

JOHN BRACE: The politicians decide how the money is spent and what on. They’ve decided to spend it on Lyndale this year, but have yet to make their minds up about next year.

MARVIN THE MARTIAN: So what’s changed?

JOHN BRACE: Well, there’s been a consultation about closing the school. This is because of lack of money, but everyone’s also been told it won’t save any money and could in fact cost more.

MARVIN THE MARTIAN: That sounds very confusing.

JOHN BRACE: It is. The other reason given is that the school is small.

MARVIN THE MARTIAN: What’s the problem with small schools then?

JOHN BRACE: Seems the bureaucrats don’t like them. More schools means more problems for them.

MARVIN THE MARTIAN: So this is being done to suit the bureaucrats?

JOHN BRACE: Well no, the politicians decided on this.

MARVIN THE MARTIAN: Why?

JOHN BRACE: Because the bureaucrats told them too.

MARVIN THE MARTIAN: These bureaucrats sound like they have more power than the politicians.

JOHN BRACE: Well we’ll leave that discussion for another day. The bureaucrats blame it on the government.

MARVIN THE MARTIAN: What’s “the government”?

JOHN BRACE: Another set of politicians.

MARVIN THE MARTIAN: So let’s recap, one set of politicians “the government” is used as a reason by the bureaucrats to persuade another set of politicians to close the school?

JOHN BRACE: Almost right, but “the government” deny that they want to close the school.

MARVIN THE MARTIAN: I’m confused again.

JOHN BRACE: So am I.

MARVIN THE MARTIAN: Wouldn’t it be easier if we just invaded Wallasey Town Hall and promised not to close the school?

JOHN BRACE: Maybe it would, but sadly as you’re a fictional character it won’t happen.

MARVIN THE MARTIAN: A shame, I was looking forward to invading your planet. So going back to Lyndale, apart from confusing arguments about money and its small size is there any other unstated reason why they want to shut it?

JOHN BRACE: Well the person in charge of special educational needs left and a new guy came in. Some people don’t like him.

MARVIN THE MARTIAN: Why don’t they like him?

JOHN BRACE: For a wide variety of reasons I won’t go into because it’ll probably lead to another libel threat.

MARVIN THE MARTIAN: What’s that?

JOHN BRACE: Where Wirral Council threaten to sue you for telling the public the truth.

MARVIN THE MARTIAN: Can they do that?

JOHN BRACE: No they can’t, our laws don’t allow it but sometimes they get a little cheesed off with me.

MARVIN THE MARTIAN: Why would they have issues with someone telling the truth about them?

JOHN BRACE: Because they have been known in the past not to tell the truth, if the public hears two mutually contradictory versions of the same thing they tend to assume Wirral Council is lying.

MARVIN THE MARTIAN: So why would they lie?

JOHN BRACE: The less the public know about what goes on, the easier it is for them to do things. If the public do find out they can get quite grumpy and ask the politicians to do something about it.

MARVIN THE MARTIAN: Ahh, so the public have been asking the politicians to do something about Lyndale?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: So if the red politicians are so gung-ho about closure that must mean lots of people have asked them to close it?

JOHN BRACE: No, quite the opposite the majority of people have told the red politicians not to close it.

MARVIN THE MARTIAN: I’m confused again, I thought the politicians were supposed to be on the side of the people.

JOHN BRACE: Well you’d hope so, but not always. Generally the public don’t get a say in political decision-making, it all gets carved up by the establishment.

MARVIN THE MARTIAN: And who or what are the “establishment”?

JOHN BRACE: People with the connections to make sure the decision-making always goes their way.

MARVIN THE MARTIAN: Wow, they sound very powerful.!

JOHN BRACE: They are.

MARVIN THE MARTIAN: So why don’t the “establishment” just listen to the people?

JOHN BRACE: Well in public they say they do, in private things are a little more complex. Sometimes different sections of the public ask for two completely different things.

MARVIN THE MARTIN: So they have to use their own judgement on matters?

JOHN BRACE: Yes, but getting back to Lyndale.

MARVIN THE MARTIAN: Ahh yes Lyndale. You have red, green, blue and yellow politicians who individually don’t seem to understand the “big picture”.

JOHN BRACE: Yes.

MARVIN THE MARTIAN: And who all say they’re on the side of the public?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: The green, blue and yellow politicians all say they’ll do their best with Lyndale knowing it’s only the red politicians that will decide?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: The red politicians are doing this because the bureaucrats told them that they’d have to because of a different set of blue and yellow (but not green) politicians?

JOHN BRACE: Sort of.

MARVIN THE MARTIAN: But it’s not about money.

JOHN BRACE: Different answers have been given to that one.

MARVIN THE MARTIAN: So what is it really about?

JOHN BRACE: Well the school is for disabled children, some of whom thankfully have a sense of humour and laugh at all this.

MARVIN THE MARTIAN: Good for them, but it’s no “laughing matter”?

JOHN BRACE: You got it it’s a very serious matter.

MARVIN THE MARTIAN: So why don’t they just let the children decide?

JOHN BRACE: It’s a novel suggestion, but the red politicians wouldn’t allow it no.

MARVIN THE MARTIAN: Is there another reason why the red politicians could be doing it this way?

JOHN BRACE: Well another red politician called Alison is in a battle with the blues to carry on as a politician.

MARVIN THE MARTIAN: So is she on the side of the reds or the people?

JOHN BRACE: She would say both. However it would be breaking the rules to use such issues for party political gain.

MARVIN THE MARTIAN: But that could explain why the red politicians are keeping quiet?

JOHN BRACE: The red politicians just do what they’re told.

MARVIN THE MARTIAN: By who?

JOHN BRACE: The red leader and the Cabinet Member.

MARVIN THE MARTIAN: Why?

JOHN BRACE: Because if they didn’t, they’d be causing trouble and nobody wants to be seen to rock the boat.

MARVIN THE MARTIAN: So they have to vote for something they may not personally agree with?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Sounds strange, I thought they were supposed to represent the people.

JOHN BRACE: At election time yes, but they also represent their party too.

MARVIN THE MARTIAN: So what will happen about Lyndale?

JOHN BRACE: A solution will have to be found that means the red politicians save face.

MARVIN THE MARTIAN: What does that mean?

JOHN BRACE: Well they will need to both blame what’s happened on someone (something they’ve had a lot of practice doing) and come out of it smelling like roses.

MARVIN THE MARTIAN: But the public think something stinks?

JOHN BRACE: Yes they do, but as I said before the public aren’t the establishment.

MARVIN THE MARTIAN: I see, so it’s terribly complicated isn’t it? The blue, green and yellow politicians can say what they like because they don’t make the decisions. The red politicians do make the decision but won’t talk. The bureaucrats have told the red politicians it’s all the blue and yellow politicians’ (but not green politicians’) fault. The shadowy “establishment” always gets its own way and basically the wishes of the children, staff, public are pushed to one side and politely ignored?

JOHN BRACE: In a nutshell, but it’s a little more complicated than that. There’s also a group called the media or press that is powerful too.

MARVIN THE MARTIAN: Ahh, you haven’t mentioned them yet!

JOHN BRACE: Well I’m part of them so I have. The broadcast (TV), print (newspaper), online (blogs) have all decided to side with the school.

MARVIN THE MARTIAN: Why’s that?

JOHN BRACE: Well the media don’t have to give reasons, but they think the politicians are being unfair by picking on people that can’t stick up for themselves.

MARVIN THE MARTIAN: But they are!

JOHN BRACE: That’s a matter of opinion.

MARVIN THE MARTIAN: Only a coward would pick on someone that couldn’t fight back.

JOHN BRACE: Indeed. However the media are powerful because they influence how people think.

MARVIN THE MARTIAN: Ahh, including the politicians, the establishment, the bureaucrats and the people.

JOHN BRACE: Yes, however there are wider international considerations too. Nobody wants another war.

MARVIN THE MARTIAN: Why would picking on disabled kids and closing a school start a war?

JOHN BRACE: On its own no, but pandering to society’s prejudices towards the disabled, coupled with the purple party talking about immigration and other factors could.

MARVIN THE MARTIAN: Ahh there’s a purple party too!

JOHN BRACE: Yes but they really don’t feature in this tale. They have politicians at the European level but not national or local.

MARVIN THE MARTIAN: Good as we’re starting to run out of colours.

JOHN BRACE: As I was saying, the fragmentation of society by playing off people against each other and scapegoating minorities leads eventually to war.

MARVIN THE MARTIAN: Oh dear. Has that happened before?

JOHN BRACE: Yes. Many times which is why measures were put in place to prevent things getting to that stage.

MARVIN THE MARTIAN: So will these “measures” prevent Lyndale being closed?

JOHN BRACE: Who knows? We’ll just have to wait and see.

Continues at A Martian tries to understand the incredible Lyndale School situation (episode 2).

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